Since many–if not most–of the suits that would be affected by forum selection bylaws will involve such claims, and since California would not grant a jury trial as a matter of right in such cases, I see no reason why a California court would not enforce a Delaware corporatio’s forum selection bylaw in such cases.

It is true that many claims subject to an exclusive forum will be equitable in nature and hence with no right to a jury trial, not all claims will be (e.g., breach of contract claims). Thus, an individual challenge may succeed where others may not.